HOW TO EXPUNGE YOUR

Transcription

HOW TO EXPUNGE YOUR

Expungement
3/01/2006
HOW TO EXPUNGE YOUR CRIMINAL RECORD
What is an expungement?
New Jersey law provides a limited right to expungement. The purpose of New
Jersey’s expungement law is to give a person who has either one or very few
convictions a “fresh start.” The law also provides for the removal of records of
arrests where the arrest did not end in a conviction. The New Jersey
expungement law states in detail who is eligible for an expungement. You should
review the current applicable provisions of N.J.S.A. 2C:52-1 et seq. to determine
if you are eligible. An eligible person must prepare and file a Petition for
Expungement. The Petition for Expungement must be filed in the Superior Court
in the county where the arrest or prosecution took place. A judge then decides
whether the person should be granted an Expungement Order. An Expungement
Order means that, with some exceptions, the criminal proceedings “never
happened.”
In general, these materials provide basic information about how to clear—
“expunge”—a record of arrest or conviction. They do not provide specific advice
about a particular legal problem that you may have, and they are not a substitute
for seeing a lawyer at times when you need one. If you encounter a problem, or
are in doubt as to whether you need a lawyer, talk to one.
NOTE: These materials have been prepared by the New Jersey Administrative
Office of the Courts for use by self-represented litigants. The guide, instructions,
and forms will be periodically updated as necessary to reflect current New Jersey
statutes and court rules. The most recent version of the forms will be available at
the county courthouse or on the Judiciary’s Internet site
(www.njcourtsonline.com). However, you are ultimately responsible for the
content of your court papers.
ACKNOWLEDGEMENT: The New Jersey Judiciary would like to acknowledge
Legal Services of New Jersey for allowing us to modify their expungement guide.
The work that you see in this Pro Se Expungement Package is largely a product
of their efforts.
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THINGS TO THINK ABOUT BEFORE YOU REPRESENT YOURSELF IN COURT
The following is a list of some things
the court staff can and cannot do for
you. Please read it carefully before
asking the court staff for help.
TRY TO GET A LAWYER
The court system can be confusing,
and it is a good idea to get a lawyer if
you can. If you cannot afford a
lawyer, you may wish to contact the
legal services program in your county
to see if you qualify for free legal
services. Their telephone number
can be found in your local yellow
pages under Legal Aid or Legal
Services.
-We can explain and answer
questions about how the court works.
-We can tell you what the
requirements are to have your case
considered by the court.
-We can give you some information
from your case file.
-We can provide you with samples of
court forms that are available.
-We can provide you with guidance
on how to fill out forms.
-We can usually answer questions
about court deadlines.
-We cannot give you legal advice.
Only your lawyer can give you legal
advice.
-We cannot tell you whether or not
you should bring your case to court.
-We cannot give you an opinion
about what will happen if you bring
your case to court.
-We cannot recommend a lawyer, but
we can provide you with the
telephone number of a local lawyer
referral service.
-We cannot talk to the judge for you
about what will happen in your case.
-We cannot let you talk to the judge
outside of court.
-We cannot change an order issued
by a judge.
If you do not qualify for free legal
services and need help in locating an
attorney, you can contact the bar
association in your county. Their
telephone number can also be found
in your local yellow pages. Most
county bar associations have a
lawyer referral service. The county
bar lawyer referral service can supply
you with the names of attorneys in
your area who usually are willing to
handle your particular type of case.
Such attorneys are sometimes willing
to consult with people in your
situation at a reduced fee.
There are also a variety of
organizations of minority lawyers
throughout New Jersey, as well as
organizations of lawyers who handle
specialized types of cases. Ask your
county court staff for a list of lawyer
referral services that include these
organizations.
KEEP COPIES OF ALL PAPERS
WHAT YOU SHOULD EXPECT IF
YOU REPRESENT YOURSELF
Make and keep for yourself copies
of all completed forms and any
canceled checks, money orders,
sales
receipts,
bills,
contract
estimates,
letters,
leases,
photographs and other important
documents that relate to your case.
While you have the right to represent
yourself in court, you should not
expect any special treatment, help, or
attention from the court. You must
still comply with the rules of the court,
even if you are not familiar with them.
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Definitions of Words Used in this Packet
A
Accusation: A formal charge against a person.
Accomplice: 1. A partner in a crime. 2. A person who knowingly and voluntarily
participates with another in a criminal activity.
Acknowledgment: 1. A statement of acceptance of responsibility. 2. The short
declaration at the end of a legal paper showing that the paper was duly executed
and acknowledged.
Acquit: To find a defendant not guilty in a criminal trial.
Action: Case, cause, suit, or controversy disputed or contested before a court of
justice.
Adjudication: Giving or pronouncing a judgment or decree. Also the judgment
given.
Administrator: 1. One who administers the estate of a person who dies without
a will. 2. A court official.
Admissible evidence: Evidence that can be legally and properly introduced in a
civil or criminal trial.
Adversary System: The trial method used in the U.S. and some other countries.
This system is based on the belief that truth can best be determined by giving
opposing parties full opportunity to present and establish their evidence,
and to test by cross-examination the evidence presented by their adversaries. All
this is done under the established rules of procedure before an impartial judge
and/or jury.
Affiant: A person who makes and signs an affidavit.
Affidavit: A written statement of facts confirmed by the oath of the party making
it, before a notary or officer having authority to administer oaths. For example, in
criminal cases, affidavits are often used by police officers seeking to convince
courts to grant a warrant to make an arrest or a search. In civil cases, affidavits
of witnesses are often used to support motions for summary judgment.
Affirmative Defense: Without denying the charge, the defendant raises
circumstances such as insanity, self-defense, or entrapment to avoid civil or
criminal responsibility.
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Affirmed: In the practice of appellate courts, the word means that the decision of
the trial court is correct.
Allegation: A statement of the issues in a written document (a pleading) which a
person is prepared to prove in court. For example, an indictment contains
allegations of crimes against the defendant.
Annexed petition: A petition that connects a request for expungement to the
original indictment.
Appeal: A request made after a trial, asking another court (usually the court of
appeals) to decide whether the trial was conducted properly. To make such a
request is "to appeal" or "to take an appeal." One who appeals is called the
appellant.
Appearance: 1. The formal proceeding by which a defendant submits to the
jurisdiction of the court. 2. A written notification to the plaintiff by an attorney
stating that he or she is representing the defendant.
Appellate court: A court having jurisdiction to hear appeals and review a trial
court's procedure.
Appellee (ap-e-le'): The party against whom an appeal is taken. Sometimes
called a respondent.
Arraignment: A proceeding in which an individual who is accused of committing
a crime is brought into court, told of the charges, and asked to plead guilty or not
guilty. Sometimes called a preliminary hearing or initial appearance.
Arrest: To take into custody by legal authority.
Assault: Attempts to cause or purposely, knowingly or recklessly causes bodily
injury to another; or negligently causes bodily injury to another with a deadly
weapon; or attempts by physical menace to put another in fear of imminent
serious bodily injury.
B
Bail: Money or other security (such as a bail bond) provided to the court to
temporarily allow a person's release from jail and assure their appearance in
court. "Bail" and "bond" are often used interchangeably.
Bail Bond: An obligation signed by the accused to secure his or her presence at
court appearances. This obligation means that the accused may lose money by
not properly appearing in court. Often referred to simply as bond.
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Bench Warrant: An order issued by a judge for the arrest of a person.
Best Evidence: Primary evidence; the best evidence available. Evidence short
of this is "secondary." That is, an original letter is "best evidence," and a
photocopy is "secondary evidence."
Beyond a Reasonable Doubt: The standard in a criminal case requiring that the
jury be satisfied to a moral certainty that every element of a crime has been
proven by the prosecution. This standard of proof does not require that the state
establish absolute certainty by eliminating all doubt, but it does require that the
evidence be so conclusive that all reasonable doubts are removed from the mind
of the ordinary person.
Bind Over: To hold a person for trial on bond (bail) or in jail. If the judicial official
conducting a hearing finds probable cause to believe the accused committed a
crime, the official will bind over the accused, normally by setting bail for the
accused's appearance at trial.
Booking: The process of photographing, fingerprinting, and recording identifying
data of a suspect. This process follows the arrest.
C
Capital crime: A crime punishable by death.
Calendar: List of cases scheduled for hearing in court.
Caption: The heading on a legal document listing the parties, the court, the case
number, and related information.
Case Law: Law established by previous decisions of appellate courts,
particularly the Supreme Court.
Certification: 1. Written attestation. 2. Authorized declaration verifying that an
instrument is a true and correct copy of the original.
Certiorari: A means of getting an appellate court to review a lower court's
decision. The loser of a case will often ask the appellate court to issue a writ of
certiorari, which orders the lower court to convey the record of the case to the
appellate court and to certify it as accurate and complete. If an appellate court
grants a writ of certiorari, it agrees to take the appeal. This is often referred to as
granting cert.
Challenge: An objection, such as when an attorney objects at a hearing to the
seating of a particular person on a civil or criminal jury.
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Challenge for Cause: Objection to the seating of a particular juror for a stated
reason (usually bias or prejudice for or against one of the parties in the lawsuit).
The judge has the discretion to deny the challenge. This differs from peremptory
challenge.
Chambers: A judge's private office. A hearing in chambers takes place in the
judge's office outside of the presence of the jury and the public.
Change of Venue: Moving a lawsuit or criminal trial to another place for trial.
Charge to the Jury: The judge's instructions to the jury concerning the law that
applies to the facts of the case on trial.
Chief Judge: Presiding or Administrative Judge in a court.
Circumstantial Evidence: All evidence except eyewitness testimony. One
example is physical evidence, such as fingerprints, from which an inference can
be drawn.
Citation: 1. A reference to a source of legal authority. 2. A direction to appear in
court, as when a defendant is cited into court, rather than arrested.
Commit: To send a person to prison, jail, a detention center or a mental health
facility by a court order.
Complaint: 1. The legal document that usually begins a civil lawsuit. It states the
facts and identifies the action the court is asked to take. 2. Formal written charge
that a person has committed a criminal offense.
Concurrent Sentences: Sentences for more than one crime that are to be
served at the same time, rather than one after the other. See also cumulative
sentences.
Conditional Discharge: To release the charges against a person subject to a
condition.
Consecutive Sentences: Successive sentences, one beginning at the expiration
of another, imposed against a person convicted of two or more violations.
Contempt of Court: Willful disobedience of a judge's command or of an official
court order.
Continuance: Postponement of a legal proceeding to a later date.
Conviction: A judgment of guilt against a criminal defendant.
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Corroborating Evidence: Supplementary evidence that tends to strengthen or
confirm the initial evidence.
Counsel: Legal adviser; a term used to refer to lawyers in a case.
Court Administrator/Clerk of Court: An officer appointed by the Court or
elected to oversee the administrative, non-judicial activities of the court.
Court: Government entity authorized to resolve legal disputes. Judges
sometimes use "court" to refer to themselves in the third person, as in "the court
has read the briefs."
Cumulative Sentences: Sentences for two or more crimes to run consecutively,
rather than concurrently.
Custody: Detaining of a person by lawful process or authority to assure his or
her appearance to any hearing; the jailing or imprisonment of a person convicted
of a crime.
D
Date of Disposition: The date that charges are dismissed if no conviction
resulted or the defendant was found not guilty. Also, the date that a case was
concluded, i.e. a sentence was entered.
Decision: The judgment reached or given by a court of law.
Default: A failure to respond to a lawsuit within the specified time.
Default Judgment: A judgment entered against a party who fails to appear in
court or respond to the charges.
Defendant: In a criminal case, the person accused of the crime.
De Novo: Anew. A de novo trial is trying the matter anew; the same as if it had
not been heard before and as if no decision had been previously rendered.
Deposition: A method of pre-trial discovery which consists of a statement of a
witness under oath, taken in question and answer form, with opportunity given to
the adversary to be present and to cross-examine.
Discovery: The pretrial process by which one party discovers the evidence that
will be relied upon in the trial by the opposing party.
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Dismissal: The termination of a lawsuit. A dismissal without prejudice allows a
lawsuit to be brought before the court again at a later time. In contrast, a
dismissal with prejudice prevents the lawsuit from being brought before a court in
the future.
Disposition: The sentencing or other final settlement of a criminal case.
Dissent: To disagree. An appellate court opinion setting forth the minority view
and outlining the disagreement of one or more judges with the decision of the
majority.
Diversion: The process of removing some minor criminal, traffic, or juvenile
cases from the full judicial process, on the condition that the accused undergo
some sort of rehabilitation by fulfilling conditions imposed by the court.
Docket: A list of cases to be heard by a court or a log containing brief entries of
court proceedings.
Docket Number: The number the court assigned to the case when the complaint
was filed.
Domicile: The place where a person has his or her permanent legal home. A
person may have several residences, but only one domicile.
Due Process of Law: The right of all persons to receive the guarantees and
safeguards of the law and the judicial process. It includes such constitutional
requirements as adequate notice, assistance of counsel. and the rights to remain
silent, to a speedy and public trial, to an impartial jury, and to confront and secure
witnesses.
E
Elements of a Crime: Specific factors that define a crime which the prosecution
must prove beyond a reasonable doubt in order to obtain a conviction. The
elements that must be proven are (1) that a crime has actually occurred, (2) that
the accused intended the crime to happen, and (3) a timely relationship between
the first two factors.
Eligible or Eligibility: A person who is qualified for a specific status.
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Equal Protection of the Law: The guarantee in the Fourteenth Amendment to
the U.S. Constitution that all persons be treated equally by the law. Court
decisions have established that this guarantee requires that courts be open to all
persons on the same conditions, with like rules of evidence and modes of
procedure; that persons be subject to no restrictions in the acquisition of
property, the enjoyment of personal liberty, and the pursuit of happiness, which
do not generally affect others; that persons are liable to no other or greater
burdens than such as are laid upon others, and that no different or greater
punishment is enforced against them for a violation of the laws.
Estoppel: A person's own act, or acceptance of facts, which preclude his or her
later making claims to the contrary.
Et al: And others.
Et seq: And the following.
Evidence: Information presented in testimony or in documents that is used to
persuade the fact finder (judge or jury) to decide the case for one side or the
other.
Exclusionary Rule: The rule preventing illegally obtained evidence to be used in
any trial.
Execute: To complete the legal requirements (such as signing before witnesses)
that make a will valid. Also, to execute a judgment or decree means to put the
final judgment of the court into effect.
Exhibit: A document or other item introduced as evidence during a trial or
hearing.
Exonerate: Removal of a charge, responsibility or duty.
Ex Post Facto: After the fact. The Constitution prohibits the enactment of ex
post facto laws. These are laws that permit conviction and punishment for a
lawful act performed before the law was changed and the act made illegal.
Extenuating Circumstances: Circumstances which render a crime less
aggravated, heinous, or reprehensible than it would otherwise be.
Expunge: To clear, erase, seal, or destroy.
Expungement: Official and formal erasure of a record or partial contents of a
record.
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Expungement Order: An order signed by a judge which clears, erases, seals, or
destroys a prior criminal proceeding.
F
Felony: A crime of a graver nature than a misdemeanor, usually punishable by
imprisonment in a penitentiary for more than a year and/or substantial fines.
File: To place a paper in the official custody of the clerk of court/court
administrator to enter into the files or records of a case.
Finding: Formal conclusion by a judge or regulatory agency on issues of fact.
Also, a conclusion by a jury regarding a fact.
First Appearance: The initial appearance of an arrested person before a judge
to determine whether or not there is probable cause for his or her arrest.
Generally the person comes before a judge within hours of the arrest. Also called
initial appearance.
G
Grand Jury: A body of persons sworn to inquire into crime and if appropriate,
bring accusations (indictments) against the suspected criminals.
H
Habeas Corpus: A writ commanding that a person be brought before a judge.
Most commonly, a writ of habeas corpus is a legal document that forces law
enforcement authorities to produce a prisoner they are holding and to legally
justify his or her confinement.
Hearing: A court proceeding usually held before the judge in which the facts of a
case are heard.
I
Incarcerate: To be jailed or held in a correctional facility.
Indeterminate Sentence: A sentence of imprisonment to a specified minimum
and maximum period of time, specifically authorized by statute, subject to
termination by a parole board or other authorized agency after the prisoner has
served the minimum term.
Indictable Offense: An offense, which is heard before a grand jury charging a
person with a crime.
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Indictment: A written accusation by a grand jury charging a person with a crime.
Indigent: Needy or impoverished. A defendant who can demonstrate his or her
indigence to the court may be assigned a court-appointed attorney at public
expense.
Initial Appearance: In criminal law, the hearing at which a judge determines
whether there is sufficient evidence against a person charged with a crime to
hold him or her for trial. The Constitution bans secret accusations, so initial
appearances are public unless the defendant asks otherwise; the accused must
be present, though he or she usually does not offer evidence. Also called first
appearance.
J
Judge: An appointed public official with authority to hear and decide cases in a
court of law.
Judgment: The final disposition of a lawsuit. Default judgment is a judgment
rendered because of the defendant's failure to answer or appear. Summary
judgment is a judgment given on the basis of pleadings, affidavits, and exhibits
presented for the record without any need for a trial. It is used when there is no
dispute as to the facts of the case and one party is entitled to a judgment as a
matter of law. Consent judgment occurs when the provisions and terms of the
judgment are agreed on by the parties and submitted to the court for its sanction
and approval.
Jurisdiction: (1) The legal authority of a court to hear and decide a case.
Concurrent jurisdiction exists when two courts have simultaneous responsibility
for the same case. (2) The geographic area over which the court has authority to
decide cases.
Jurisprudence: The study of law and the structure of the legal system.
Jury: Persons selected according to law and sworn to inquire into and declare a
verdict on matters of fact. A petit jury is an ordinary or trial jury, composed of six
to 12 persons, which hears either civil or criminal cases.
L
Law: The combination of those rules and principles of conduct promulgated by
legislative authority, derived from court decisions and established by local
custom.
Law Clerks: Persons trained in the law who assist judges in researching legal
opinions.
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Legal Aid: Professional legal services available usually to persons or
organizations unable to afford such services.
Liable: Legally responsible.
Limited Jurisdiction: Refers to courts that are limited in the types of criminal
and civil cases they may hear. For example, traffic violations generally are heard
by limited jurisdiction courts.
Litigant: The parties or persons associated with a lawsuit. Litigation refers to a
case, controversy, or lawsuit.
M
Misdemeanor: A criminal offense considered less serious than a felony.
Misdemeanors generally are punishable by a fine or a limited local jail term, but
not by imprisonment in a state penitentiary.
Mistrial: An invalid trial, caused by fundamental error. When a mistrial is
declared, the trial must start again from the selection of the jury.
Mitigating Circumstances: Those which do not constitute a justification or
excuse for an offense but which may be considered as reasons for reducing the
degree of blame.
Motion: Oral or written request made by a party to an action before, during, or
after a trial, upon which a court issues a ruling or order.
N
No Bill: This phrase, endorsed by a grand jury on the written indictment
submitted to it for its approval, means that the evidence was found insufficient to
indict.
Nolle Prosequi: Decision by a prosecutor not to go forward with charging a
crime. It translates "I do not choose to prosecute." Also loosely called nolle pros.
Nolo Contendere: A plea of no contest. In many jurisdictions, it is an expression
that the matter will not be contested, but without an admission of guilt. In other
jurisdictions, it is an admission of the charges and is equivalent to a guilty plea.
Notice: Formal notification to the party that has been sued in a civil case of the
fact that the lawsuit has been filed. Also, any form of notification of a legal
proceeding.
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Notarized: To certify or attest (a document) as a notary.
Notary: A public officer who attests or certifies writings to make them authentic
and takes affidavits, depositions, and protests of negotiable paper.
O
Oath: Written or oral pledge by a person to keep a promise or speak the truth.
Objection: The process by which one party takes exception to some statement
or procedure. An objection is either sustained (allowed) or overruled by the
judge.
On a Person's Own Recognizance (ROR): Release of a person from custody
without the payment of any bail or posting of bond, upon the promise to return to
court.
Opening Statement: The initial statement made by attorneys for each side,
outlining the facts each intends to establish during the trial.
Opinion: A judge's written explanation of a decision of the court or of a majority
of judges. A dissenting opinion disagrees with the majority opinion because of
the reasoning and/or the principles of law on which the decision is based. A
concurring opinion agrees with the decision of the court but offers further
comment. A per curiam opinion is an unsigned opinion "of the court."
Oral Argument: An opportunity for lawyers to summarize their position before
the court and also to answer the judges' questions.
Order: A written or oral command from a court directing or forbidding an action.
Order for Hearing: The form used by the judge to schedule a court date and
time for a petition to be heard before the court.
Overrule: A judge's decision not to allow an objection. Also, a decision by a
higher court finding that a lower court decision was in error.
P
Pardon: A form of executive clemency preventing criminal prosecution or
removing or extinguishing a criminal conviction.
Parole: The supervised conditional release of a prisoner before the expiration of
his or her sentence. If the parolee observes the conditions, he or she need not
serve the rest of his or her term.
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Party: A person, business, or government agency actively involved in the
prosecution or defense of a legal proceeding.
Peremptory Challenge: A challenge that may be used to reject a certain
number of prospective jurors without giving a reason.
Perjury: The criminal offense of making a false statement under oath.
Personal Recognizance: In criminal proceedings, the pretrial release of a
defendant without bail upon his or her promise to return to court. See also own
recognizance.
Petition for Expungement: The application to the court requesting that the
court expunge your record.
Petitioner: The person filing an action in a court of original jurisdiction. Also, the
person who appeals the judgment of a lower court. The opposing party is called
the respondent.
Plea: In a criminal proceeding, it is the defendant's declaration in open court that
he or she is guilty or not guilty. The defendant's answer to the charges made in
the indictment or information.
Plea Bargaining or Plea Negotiating: The process through which an accused
person and a prosecutor negotiate a mutually satisfactory disposition of a case.
Usually it is a legal transaction in which a defendant pleads guilty in exchange for
some form of leniency. It often involves a guilty plea to lesser charges or a guilty
plea to some of the charges if other charges are dropped. Such bargains are not
binding on the court.
Pleadings: The written statements of fact and law filed by the parties to a
lawsuit.
Power of Attorney: Formal authorization of a person to act in the interests of
another person.
Precedent: A previously decided case that guides the decision of future cases.
Preliminary Hearing: Another term for arraignment.
Pre-Sentence Report: A report to the sentencing judge containing background
information about the crime and the defendant to assist the judge in making his
or her sentencing decision.
15
Pre-Trial Conference: A meeting between the judge and the lawyers involved in
a lawsuit to narrow the issues in the suit, agree on what will be presented at the
trial, and make a final effort to settle the case without a trial.
Pretrial Intervention Program (PTI): The Pretrial Intervention Program
provides defendants, generally first-time offenders, with an alternative to the
traditional criminal justice process. If PTI is successfully completed, there is no
record of conviction and the defendant avoids the stigma of a criminal record.
Although no record of a conviction exists, a defendant may want to file for an
expungement to remove any record of the original arrest.
Probable Cause: A reasonable belief that a crime has or is being committed; the
basis for all lawful searches, seizures, and arrests.
Probation: An alternative to imprisonment allowing a person found guilty or
pleading guilty to an offense to stay in the community, usually under conditions
and under the supervision of a probation officer. A violation of probation can lead
to its revocation and to imprisonment.
Pro Bono: For the public good. Lawyers representing clients without a fee are
said to be working pro bono.
Pro Se: A Latin term meaning "on one's own behalf"; in courts, it refers to
persons who present their own cases without lawyers.
Prosecutor: A trial lawyer representing the government in a criminal case and
the interests of the state in civil matters. In criminal cases, the prosecutor has the
responsibility of deciding who and when to prosecute.
Public Defender: A Government lawyer who provides legal representation for
adults and juveniles charged with criminal offenses who are unable to afford
private lawyers.
R
Rap Sheet: The State Police record which reflects any arrests, charges
and dispositions.
Record: All the documents and evidence plus transcripts of oral proceedings in a
case.
Referee: A person to whom the court refers a pending case to take testimony,
hear the parties, and report back to the court. A referee is an officer with judicial
powers who serves as an arm of the court.
16
Remand: To send a dispute back to the court where it was originally heard.
Usually it is an appellate court that remands a case for proceedings in the trial
court consistent with the appellate court's ruling.
Respondent: The person against whom an appeal is taken. See petitioner.
Restitution: Act of giving the equivalent for any loss, damage or injury.
Retainer: Act of the client in employing the attorney or counsel, and also denotes
the fee which the client pays when he or she retains the attorney to act for them.
Reverse: An action of a higher court in setting aside or revoking a lower court
decision.
Revoke: To cancel or nullify a legal document.
Rules of Evidence: Standards governing whether evidence in a civil or criminal
case is admissible.
S
Search Warrant: A written order issued by a judge that directs a law
enforcement officer to search a specific area for a particular piece of evidence.
Sentence: The punishment ordered by a court for a defendant convicted of a
crime. A concurrent sentence means that two or more sentences would run at
the same time. A consecutive sentence means that two or more sentences would
run one after another.
Service: The delivery of a legal document, such as a complaint, summons, or
subpoena, notifying a person of a lawsuit or other legal action taken against him
or her. Service, which constitutes formal legal notice, must be made by an
officially authorized person in accordance with the formal requirements of the
applicable laws.
Statute of Limitations: The time within which a plaintiff must begin a lawsuit (in
civil cases) or a prosecutor must bring charges (in criminal cases). There are
different statutes of limitations at both the federal and state levels for different
kinds of lawsuits or crimes.
Statutory Law: Law enacted by the legislative branch of government, as
distinguished from case law or common law.
Stay: A court order halting a judicial proceeding.
17
Subpoena: A court order compelling a witness to appear and testify.
Summons: A notice to a defendant that he or she has been sued or charged
with a crime and is required to appear in court.
T
Temporary Restraining Order: A judge's order forbidding certain actions until a
full hearing can be held. Usually of short duration. Often referred to as a TRO.
Testimony: The evidence given by a witness under oath. It does not include
evidence from documents and other physical evidence.
Third Party: A person, business, or government agency not actively involved in
a legal proceeding, agreement, or transaction.
Transcript: A written, word-for-word record of what was said, either in a
proceeding such as a trial or during some other conversation, as in a transcript of
a hearing or oral deposition.
V
Vacate: To set aside. To vacate a judgment is to set aside that judgment.
Venue: The proper geographical area (county, city, or district) in which a court
with jurisdiction over the subject matter may hear a case.
Verdict: A conclusion, as to fact or law, that forms the basis for the court's
judgment. A general verdict is a jury's finding for or against a plaintiff after
determining the facts and weighing them according to the judge's instructions
regarding the law.
Voir Dire: Process of questioning potential jurors so that each side may decide
whether to accept or oppose individuals for jury service.
W
Waiver: Intentionally giving up a right.
Warrant: Most commonly, a court order authorizing law enforcement officers to
make an arrest or conduct a search. An affidavit seeking a warrant must
establish probable cause by detailing the facts upon which the request is based.
Witness: A person who testifies to what he or she has seen, heard. or otherwise
experienced.
18
Writ: A judicial order directing a person to do something.
Writ of Certiorari: An order issued by the Supreme Court directing the lower
court to transmit records for a case for which it will hear on appeal.
19
HOW TO FILE FOR AN ORDER TO EXPUNGE YOUR CRIMINAL RECORD
driver’s license or a birth certificate.
You might also contact the county
prosecutor. A list of county
prosecutors’ offices with addresses
and telephone numbers appears at
the end of this guide. Explain that
you are interested in expunging your
records and ask for the information
listed above, or ask to look at your
file if this is permitted. You may also
be able to find information you need
on disorderly offenses by contacting
the clerk of the municipal court(s) in
which you were prosecuted or the
police department involved in your
arrest(s). If you cannot get all of the
information you need, contact your
local police department where you
live to make an appointment to have
your fingerprints taken on a state
applicant fingerprint card for the
purpose of “individual review or
challenge of record.”
Locate Your Records
In
order
to
prepare
your
expungement petition and prove
your eligibility, you will need to get
the following information:
•
The date of your arrest.
•
The
statute(s)
and
the
offense(s) for which you were
arrested or convicted. (Note
that if the offenses were
reduced from the original
charges,
these
will
be
different.)
•
The
original
indictment,
accusation, state grand jury
summons,
warrant,
or
complaint/docket
number.
Include all, if more than one.
•
The date of the disposition,
which could be the date of the
conviction, date of not guilty
verdict or date of dismissal.
•
The specific punishment or
other disposition.
The numbered steps listed below
explain what forms you will need to
fill out and what to do with them.
Specific directions on filling out each
form appear before each of the
attached forms.
Follow these
directions carefully. Each form
should be typed or clearly printed on
8 ½ “ x 11” white paper only. Forms
may not be filed on a different size or
color paper.
If you had an attorney when you
were arrested and charged, check
first to see if he or she has this
information in your case file; if so,
this can save you quite a bit of time.
Step 1: Request State Police
Records
If you must locate your records on
your own for an indictable/criminal
conviction or arrest, contact the
Criminal Case Management Office in
the county where the arrest or
conviction occurred, and take some
personal identification, such as a
Form A
Request For State Police Records
Use this form to obtain a copy of
your State Police Record if you don’t
20
have it. The State Police record
(also known as the “Rap Sheet”) will
reflect any arrests, charges and
dispositions.
Form C
Order for Hearing
The Order for Hearing is used by the
judge to schedule a hearing. The
Superior Court judge assigned to
your case will usually schedule a
hearing between 35 and 60 days
after he or she gets your petition. Fill
out the Order for Hearing by
following the boxed instructions for
Form C.
Form D
Expungement Order
Note: The State Police will have a
record sheet only if you were
fingerprinted
when
you
were
arrested.
If
you
were
not
fingerprinted, and only a complaint
was signed against you when you
were arrested, you will still have a
record of the arrest to expunge at the
police department, but you will not
have a record sheet within the
Division of State Police, State
Bureau of Investigation.
The Expungement Order is the
official document that will be signed
by the judge if your Petition for
Expungement is granted. Fill out the
Expungement Order by following the
boxed instructions for Form D.
Step 2: Complete These Forms
Form B
Petition for Expungement
Step 3: File and Serve the Forms
The Petition for Expungement states
that you are requesting an
Expungement Order and states why
you qualify. Fill out the Petition for
Expungement Order by following the
boxed instructions for Form B.
Make three (3) copies of your
notarized Petition for Expungement
(Form B), Order for Hearing
(Form
C),
and
proposed
Expungement Order (Form D).
You must then file the petition in the
county where you were arrested. If
you were arrested in more than one
county, contact the Criminal Case
Management Office in either county
and ask whether they will allow you
to file for expungement of your entire
record in that county.
Form E
Cover Letter
The Cover Letter is a form letter that
describes to the county Criminal
Case Management Office the
contents of your package and the
purpose of the enclosed forms. Fill
in the blanks on the Cover Letter
(Form E) and attach the Cover Letter
to the originals and the two
photocopies that you are filing (keep
one copy of each for your records).
Include two large self-addressed
envelopes with the appropriate
postage stamped on each envelope.
Next, you must complete the
Verification page and sign it in the
presence of a Notary as this page
must bear a notary seal.
21
Mail this package to the Criminal
Case Management Office in the
county where the arrest and/or
prosecution occurred. A list of the
county offices where these forms
should be mailed, along with
telephone numbers, appears at the
end of this guide.
The County Prosecutor
The Magistrate or the court clerk of
the municipal court if a municipal
court heard the matter
The Chief of Police or other head of
the police department where the
offense was committed or the arrest
was made
There is a filing fee of $52.50. Most
offices do not accept personal
checks, so you should include a
money order or certified check made
out to the State of N.J. Treasurer.
The chief law enforcement officer of
any other law enforcement agency of
this state that participated in the
arrest
STEP 4: Distributing the Filed
Copies
The Warden of any institution in
which you were incarcerated
One copy of the Petition for
Expungement, Order for Hearing,
and the proposed final order
(Expungement Order) will be mailed
back to you marked “Filed” and
assigned a “Docket Number.” The
Order for Hearing will also state the
time and the date for your hearing.
For State Grand Jury cases:
Division of Criminal Justice
Attention: Records and Identification
25 Market Street
P.O. Box 085
Trenton, NJ 08625
If your case involved a conditional
discharge
(CD)
or
pretrial
intervention (PTI), the county
probation department should also be
served.
Immediately after receiving the filed
copies from the court, make at least
seven (7) copies of the Petition for
Expungement, Order for Hearing,
and the proposed final order
(Expungement Order).
Form F
Cover Letter
Mail
one
copy
of
each,
immediately, via certified mail,
return receipt requested, to each
of the following government
agencies that were involved with
your case(s):
You may use the cover letter (Form
F) when mailing the copies to these
agencies. Fill in the blanks on the
Cover Letter (Form F) and attach
the Cover Letter to each set of
copies.
The Attorney General
You should mail the copies of
these forms right away, as the
statute mandates service or
mailing within five (5) days from
The Superintendent of State Police,
Expungement Unit
22
opposition, the judge will, in most
cases, grant your expungement.
the date of the order. Mail them at
the post office, by certified mail,
return receipt requested.
If no law enforcement officers object
to the expungement, the court may
grant the order without a hearing. If
this happens, you will receive a
signed and filed Expungement Order
in the mail.
Form G
Proof of Notice
After you have received the certified
mail return receipt cards back from
the post office, contact the New
Jersey Criminal Case Management
Office, and ask the clerk whether the
court requires that the proof of
mailing be submitted at or prior to
the hearing. If proof is required to be
produced at the hearing, make sure
that you bring the green certified mail
return receipt cards and the Proof of
Notice (Form G) to court with you on
the day of the hearing. Fill out the
Proof of Notice form by following the
boxed instructions for Form G.
It’s always a good practice to call the
court the day before the hearing to
confirm that it is still on the court’s
calendar.
Step 6: Distribute Your
Finalized Expungement
Order
Immediately after you receive a
copy of the Expungement Order
signed by the judge and stamped
“Filed” by the court, mail one copy of
the Expungement Order, by certified
mail, return receipt requested, to
each of the following:
Step 5: Go to the Hearing
Arrive at the court on your assigned
hearing date about 15 minutes early.
(All counties do not require an
appearance. If an appearance is not
required, you must mail the green
return receipt cards to the place you
filed your petition, at least one week
before the scheduled hearing.) Take
your copies of the filed Petition for
Expungement, the Expungement
Order, and the green return receipt
cards to the hearing (unless you
previously filed them with the court).
When you arrive at the court, inform
the court clerk that you are there.
If any law enforcement officers
object to the expungement, they will
tell the judge the reason. The judge
may ask you some questions and
will decide whether to grant or deny
you an expungement. If there is no
The Attorney General
The Superintendent of State Police,
Expungement Unit
The County Prosecutor
The Magistrate or the court clerk of
the municipal court if the matter was
heard by a municipal court
The Chief of Police or other head of
the police department where the
offense was committed or the arrest
was made
The chief law enforcement officer of
any other law enforcement agency of
23
this state that participated in the
arrest
as proof that the documents were
received.
The Records Division of any
institution in which you were
incarcerated
You are now entitled by law to
answer any question on job
applications, school applications,
credit applications, military service
applications, and the like as if the
arrest and/or conviction never
occurred. Remember, however, that
if any law enforcement officer asks
you about previous arrests or
convictions, you must tell them that
you have an expunged record, and
you must identify to them what the
record was. Keep a copy of the
Expungement Order in a safe place.
The Identification Bureau in the
county where the arrest was made or
where you were incarcerated (see
the list of County Identification
Bureaus)
The Warden of any institution in
which you were incarcerated
For State Grand Jury cases:
25 Market Street
P.O. Box 085
Trenton, NJ 08625
In Conclusion:
As a final reminder, make sure that
you have completely followed all of
the steps required in this guide. This
is very important because even
though you may be eligible, if you
have missed any of the required
steps, your Petition for Expungement
may be denied. In that case, you will
have to start over.
If your case involved a conditional
discharge
(CD)
or
pretrial
intervention (PTI), the county
probation department should be
served.
Form H
Cover Letter
We have tried to explain as simply
as possible the steps to get your
records expunged. The forms that
you can use are in the following
section.
You may use this cover letter (Form
H) when mailing the Expungement
Order to these agencies. Fill in the
blanks on the Cover Letter (Form H)
and attach the Cover Letter to each
set of copies.
+
Keep the mailing receipts and the
green cards that are returned to you
24
+
+
+
+
+
Expungement Forms
This section contains blank expungement forms. Follow the instructions in this guide
and complete these forms with information about your situation.
The following forms are included here:
Form A: Request for State Police Record (the form to be used to obtain your
record).
Form B: Petition for Expungement (the application to the court requesting that the
court expunge your record).
Form C: Order for Hearing (the document on which the court will schedule a
hearing of your case).
Form D: Expungement Order (the document to be signed by the judge if your
Petition for Expungement is granted).
Form E: Cover Letter (the form letter to be sent to the court when filing your
papers).
Form F: Cover Letter (the form letter to be sent when giving notice of the hearing).
Form G: Proof of Notice (the document to be filed with the court after notice is
given).
Form H: Cover Letter (the form letter to be sent when giving notice that the
expungement was granted).
25
INSTRUCTIONS FOR REQUEST FOR STATE POLICE RECORD (FORM A)
1.
With this form you must enclose an Applicant Fingerprint Card with your
fingerprints. You can make an appointment to have your fingerprints taken on a
State Applicant Fingerprint Card at a local police department.
2.
Type or print the date.
3.
Type or print the name of the township/municipal police department where your
prints were taken for the Applicant Fingerprint Card. Type or print the date that
that the prints were taken.
4.
Sign Form A and type or print your social security number and your full mailing
address.
5.
Send Form A with your completed Applicant Fingerprint Card (a full set of your
prints). Include a certified check or money order for $30 payable to the Division
of State Police – S.B.I. (no personal checks are accepted). The State Police
will send you a copy of your “rap sheet,” which should contain the information
you need to complete your petition.
Mail to:
State of New Jersey
Division of State Police
Attention: Criminal Information Unit (CIU)
Post Office Box 7068
West Trenton, New Jersey 08628-0068
26
INSTRUCTIONS FOR PETITION FOR EXPUNGEMENT (FORM B)
1.
Fill in your name, address, telephone number, and Social Security number at the
top left-hand corner of the form.
2.
At the top right-hand corner, fill in the name of the county in which you will be filing
the Petition for Expungement.
3.
Do not fill in “Docket No.” Leave this space blank. The court clerk will give you a
docket number and will fill in the blank.
4.
Where it states “In the Matter of the Expungement of the Criminal Records of
_______,” fill in your full name.
5.
Where it states, “I, _______,” fill in your full name.
6.
Where it states “residing at,” fill in your current address.
7.
In paragraph 1, fill in your date of birth.
8.
In paragraph 2, fill in the date on which you were arrested and the town in which
you were arrested. Include any arrests that may have occurred when you were
a juvenile, whether they were sealed or unsealed. Then, fill in the name of the
offense you were charged with and give the New Jersey statute under which you
were arrested.
9.
In paragraph 3, fill in the original indictment, accusation, state grand jury (SGJ)
summons, warrant, or complaint number(s).
10.
In paragraph 4, fill this in ONLY if the charge against you was dismissed. If the
charge was dismissed then fill in the date on which the charge was dismissed, the
name of the charge that was dismissed, and the name of the court that dismissed
the charge. Remember, If the charge against you was not dismissed, cross out
paragraph 4 and go to paragraph 5.
11.
In paragraph 5, fill this in ONLY if you were convicted or pled guilty to the
charges. Then, fill in the date on which you pled or were found guilty, the name of
the offense you pled guilty to, and the statute under which you pled guilty.
Remember, this is the statute under which you pled or were found guilty, not the
statute under which you were arrested. You must also include the sentence. For
example, the sentence could have been jail/prison time, a fine or probation, or a
combination of these. You should indicate the date that you were released from
prison, the date the fine was paid, and/or the date that probation or parole was
completed in the spaces provided.
27
INSTRUCTIONS FOR FORM B - CONTINUED
12.
Fill in paragraphs 6-13 if you have any additional arrests, charges, or prosecutions.
Otherwise, cross out the paragraphs that you do not use.
Note: All of your arrests, charges, or prosecutions, even those for which you are
not seeking an expungement, must be listed in your petition.
13.
Sign and print your name following paragraph 14 on the lines that state “Your
signature” and “Your name printed.”
14.
Complete the Verification page of the petition. You must sign this page in the
presence of a Notary, as this page must bear a notary seal.
15.
In paragraph 1 of the Verification page, fill in your complete name.
16.
In paragraph 3 of the Verification page, if you are seeking expungement of a
conviction of an indictable offense, this sentence serves as an affidavit that you
have never been granted expungement, sealing (the prior name for expungement
in New Jersey), or other relief regarding a criminal conviction. If you ARE NOT
seeking expungement of an indictable offense, cross out paragraph 3.
17.
Sign and print your name on the lines that indicate “your signature before a notary”
and “Your name printed.” You must sign this Verification page before a Notary
who will then affix their seal to this page.
NOTE:
Make sure that you fill in or cross out all the blank paragraphs that do not apply
to you on Form B. The Petition must be signed at the end of paragraph 14
and at the bottom of the verification page.
28
INSTRUCTIONS FOR ORDER FOR HEARING (FORM C)
1.
At the top left-hand corner fill in your name and address.
2.
At the top right-hand corner fill in the county in which you will be filing your
petition. The clerk will fill in the docket number, so leave that space blank.
3.
Where it states “In the Matter of the Expungement of the Criminal Records of
_________,” print your full name.
4.
Fill in your name in the first space after “This matter having been opened to
the Court upon the annexed Petition of _________.”
5.
Leave the lines blank in the paragraph that begins “IT IS ORDERED this…,”
as the Court Clerk with fill in the date and time of the hearing.
6.
Fill in the blanks in the next paragraph where it asks for the prosecutor of the
county where you were arrested, the chief of the police department of the
town where you were arrested, and the magistrate of the town municipal
court where you were arrested. If you were incarcerated, fill in the name of
the jail or prison, too. If you were not incarcerated, you may cross this off.
7.
Leave the space blank that states “Judge, Superior Court of New Jersey” as
this is where the judge will sign the order.
29
INSTRUCTIONS FOR EXPUNGEMENT ORDER (FORM D)
1. At the top left-hand corner, fill in your full name and address.
2. At the top right-hand corner, indicate the county in which you will be filing your
petition. The clerk will fill in the docket number, so leave that space blank.
3. In the first paragraph of the Expungement Order, after “…Verified Petition of,” fill
in your full name and your address where it is indicated.
4. Leave the next three spaces blank where it states “IT IS ORDERED this ___
day of __________, ______________.”
5. On the lines after “…the Clerk(s) of the __________ Municipal Court(s),” and
“Chief(s) of the __________ Police Department(s)” fill in the town in which you
were arrested. If you were arrested in more than one town, enter the names of
all of the towns.
6. Fill in, where indicated, the county name for the prosecutor(s) of the county
where you were arrested.
7. Fill in, where indicated, your complete name in the next blank.
8. Fill in the dates you were arrested and the statute(s) under which you were
arrested.
9. Leave the signature line blank as this is where the judge will sign the order.
30
INSTRUCTIONS FOR COVER LETTER (FORM E)
1. At the top left-hand corner, fill in the date and then your full name and address
on the blank lines as indicted.
2. Next, indicate the county in which you will be filing your petition and their
address on the blank lines as indicted.
3. On the line, which states “Your name,” fill in your full name.
4. Sign your name on the line which states “Your signature.”
31
INSTRUCTIONS FOR COVER LETTER (FORM F)
2. Next, fill in the addresses you have located for each applicable agency that was
involved with your case(s).
3. On the line, which states “EXPUNGEMENT HEARING: (Date), (Time),” fill in the
date and time that appear on your copy of the Order for Hearing.
4. On the line, which states “Docket No.,” fill in the docket no. that appears on your
filed copies of the Petition For Expungement, the Order for Hearing, and the
proposed final order (Expungement Order).
5. Sign your name on the line that states “Your signature.”
6. To fill in the Certified Mail # on the last line of Form F, you must first prepare this
package for mailing and purchase the certified mailing postage. Fill in the
Certified Mail # from the certified mail receipt you received from the post office.
7. Attach a copy of this Cover Letter (Form F) to each copy of the filed
expungement package and mail a package via certified mail to each agency.
32
INSTRUCTIONS FOR PROOF OF NOTICE (FORM G)
This form is to be used only if the proof of mailing is required to be submitted prior to the
hearing. Submit this form pursuant to the clerk’s instructions.
1. In the upper left-hand corner, fill in your full name and address
2. In the upper right-hand corner, fill in the county in which you filed the action.
Then, fill in the docket number.
3. Where it states “In the Matter of the Expungement of the Criminal Records of
_________” fill in your full name.
4. Fill in the date that you mailed copies of the filed Petition for Expungement, the
Order for Hearing, and the Expungement Order. The date will be found on your
certified mail receipts.
5. Fill in the name of the county for each identity you noticed through your mailing.
6. Enclose the certified mail receipts and sign and date this form at the bottom.
7. Keep a copy of Form G and your certified mail receipts for your records.
8. Mail Form G, along with the certified mail receipts, to the Court where your
hearing is scheduled.
33
INSTRUCTIONS FOR COVER LETTER (FORM H)
2. Next, fill in the addresses you have located for each applicable agency that you
want noticed of your signed and filed Expungement Order.
3. On the line, which states “Your name,” fill in your full name as it appears on
Expungement Order.
4. On the line, which states “Docket No.,” fill in the docket no. that appears on your
Expungement Order.
5. Sign your name on the line that states “Your signature.”
6. To fill in the Certified Mail # on the last line of Form G, you must first prepare
this document for mailing and purchase the certified mailing postage. Fill in the
Certified Mail # from the certified mail receipt you received from the post office.
7. Attach a copy of this Cover Letter (Form H) to each copy of the signed and
filed expungement package and mail a package via certified mail to each
agency.
34
REQUEST FOR STATE POLICE RECORD
(Form A)
(Date)
State of New Jersey
Division of State Police
Attention: Criminal Information Unit (CIU)
West Trenton, New Jersey 08628-0068
Dear Sir/Madam:
I am in the process of applying for the expungement of my criminal record.
Enclosed is an Applicant Fingerprint Card with my fingerprints, which were taken at
________________________________________ on __________________________.
(Name of police department)
(Date)
I request that my fingerprints be checked by your department and that a copy of my criminal
record be forwarded to me at the address below.
I have included a certified check or money order in the amount of $30 made payable to
Division of State Police - S.B.I. (no personal checks accepted).
I hereby waive any and all rights and causes of action which I may have against the New
Jersey State Police, the Department of Law and Public Safety, the State of New Jersey, their
agents, officers, representatives, and employees which may accrue by reason of furnishing
my criminal record.
____________________________________
(Your signature)
____________________________________
(Your Social Security number)
____________________________________
(Your address)
____________________________________
(City
State
ZIP Code)
35
PETITION FOR EXPUNGEMENT
(Form B)
SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
(Your name)
(Your address)
COUNTY
(City
State
(Where you are filing)
ZIP Code)
DOCKET NO.
(Clerk will fill in)
(Your phone number)
-
CIVIL ACTION
PETITION FOR EXPUNGEMENT
Appearing Pro Se
IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF
________________________________________________________________________
(Your name)
I,
, residing at
(Your name)
, SAY:
(Your address)
1. My date of birth is
,
(Date)
.
(Year)
2. I was arrested on
,
(Date)
, in
(Year)
, N.J., and charged with
(Municipality)
,
(Name of offense)
in violation of N.J.S.A.
.
(Statute)
3. The original Indictment/Accusation/State Grand Jury (SGJ) Summons/Warrant/
Complaint number was
.
,
4. On
(Date)
, the charge of
(Year)
36
was dismissed by
(Name of offense)
(Name of court)
after conditional discharge or pretrial intervention program completed.*
(*If you did not have a conditional discharge or pretrial intervention program, cross out “after
conditional discharge or pretrial intervention program completed.” If you were convicted of the offense
described above, cross out paragraph 4 completely.)
5. On
,
, I was found guilty* of the charge of
(Date)
(Year)
, in violation of N.J.S.A.
(Name of offense)
, and was
(Statute)
sentenced to
. I completed
jail/prison time on
,
; probation on
(Date)
,
(Date)
(Year)
; and I paid the fine on
,
(Year)
(Date)
.
(Year)
(*If you were not found guilty, cross out paragraph 5 completely. If you were not sentenced to
jail/prison time, probation, or a fine, write n/a (not applicable) in the appropriate spaces.)
If you have no other arrests, cross out numbers 6 through 13.
,
(Date)
, in
(Year)
, New Jersey, and was charged with
(Municipality)
in violation of N.J.S.A.
(Name of offense)
.
(Statute)
.
,
8. On
(Date)
, the charge of
(Year)
was dismissed by
(Name of offense)
(Name of court)
37
9. On
,
(Date)
(Year)
(Name of offense)
, and was
(Statute)
sentenced to
. I completed
jail/prison time on
,
(Date)
,
; probation on
(Year)
(Date)
,
(Year)
(Date)
.
(Year)
If you have no other arrests, cross out numbers 10 through 13.
,
(Date)
, in
(Year)
, New Jersey, and was charged with
(Municipality)
, in violation of N.J.S.A
(Name of offense)
.
(Statute)
.
,
12. On
(Date)
, the charge of
(Year)
was dismissed by
(Name of offense)
(Name of court)
13. On
,
(Date)
(Year)
(Name of offense)
, and was sentenced to
(Statute)
.I
38
completed jail/prison time on
,
(Date)
,
(Date)
; probation on
(Year)
(Year)
,
(Date)
.
(Year)
NOTE: If you have additional arrests, you must re-draft this entire petition and
include those arrests in the same form as this petition.
14. I request that this Court grant me an Expungement Order as authorized by
N.J.S.A. 2C:52-1 et seq., directing the Clerk of the Court and all relevant criminal justice and
law enforcement services of the State of New Jersey to expunge from their records all
evidence of the arrest/conviction and all proceedings in this matter, and further directing any
New Jersey law enforcement agency which sent records of the arrest and proceedings to the
Federal Bureau of Investigation or any other law enforcement agency outside of New Jersey
to inform the recipient and the agencies designated to retain control of expunged records to
take sufficient precautions to ensure that such records and information are not released.
Respectfully submitted,
Signed:
(Your signature)
(Your name printed)
39
VERIFICATION
, of full age, being duly sworn
(Your name)
according to law, upon his oath deposes and says:
1. I am the Petitioner in this matter and statements made in this Petition are true to the
best of my knowledge.
2. There are no disorderly persons, petty disorderly persons, or indictable charges
pending against me at this time.
3. I am seeking expungement of a conviction on a criminal case and I have never
been granted an expungement of an indictable conviction by any state or federal court. (If you
are not seeking expungement of an indictable offense, cross out #3.)
Signed:
(Your signature before a notary)
___________________________________________
(Your name printed)
Sworn to and subscribed before me this
day of
,
(Notary’s signature)
40
ORDER FOR HEARING
(Form C)
LAW DIVISION
(Your name)
(Your address)
(City
State
COUNTY
ZIP Code)
DOCKET NO.
(Clerk will enter)
Appearing Pro Se
IN THE MATTER OF THE EXPUNGEMENT
OF THE CRIMINAL RECORDS OF
CIVIL ACTION
ORDER FOR HEARING
(Your name)
This matter having been opened to the Court upon the annexed Petition of
, and for good cause appearing;
(Your name)
IT IS ORDERED this
day of
before this Court is set for the
o'clock
,
day of
, that a hearing
,
, at
.m. to determine whether an Order of Expungement shall be granted;
IT IS FURTHER ORDERED that Petitioner shall send by certified mail, copies of this
Order and Petition to the following officials within five (5) days of this Order:
The Attorney General of New Jersey
The Superintendent of the New Jersey State Police, Expungement Unit
The Prosecutor of
County
The Chief of the
Police Department
The Magistrate of the
Municipal Court
The Warden of the
Jail/Prison
(For State Grand Jury cases)
Division of Criminal Justice, Attention: Records and Identification
Judge, Superior Court of New Jersey
41
EXPUNGEMENT ORDER
(Form D)
LAW DIVISION
(Your name)
(Your address)
(City
State
COUNTY
ZIP Code)
Appearing Pro Se
DOCKET NO.
IN THE MATTER OF THE EXPUNGEMENT
OF THE CRIMINAL RECORDS OF
(Clerk will fill in)
CIVIL ACTION
EXPUNGEMENT ORDER
(Your name)
This matter having been opened to the Court upon the Verified Petition of
, whose date of birth is
(Your name)
(Birth date)
and social security number is_______________________________, and it appearing that the
requirements for Expungement under N.J.S.A. 2C:52-1 et seq. having been satisfied;
IT IS ORDERED this
day of _
,
, that the
Clerk of the Superior Court of New Jersey, the Clerk(s) of the _______________________
____________________________________
(Municipality or municipalities)
Municipal Court(s), the Chief(s) of the ____________
______________________________________ Police Department(s), the Prosecutor(s) of
(Municipality or municipalities)
_____________________________________ County, the Superintendent of the New
(County or counties)
Jersey State Police, and the Attorney General of New Jersey remove from their records all
information relating to ______________________________'s (1) ___________________
(Your name)
(Date of arrest)
arrest on the charge of violating N.J.S.A. ______________; (2) _____________________
(Statute)
(Date of arrest)
arrest on the charge of violating N.J.S.A. ______________; and (3) __________________
(Statute)
arrest on the charge of violating N.J.S.A.____________________,
(Statute)
42
(Date of arrest)
and remove all records concerning the subsequent criminal proceedings regarding such
charge(s), including any conviction(s), if applicable, and place such information in the
control of a person within the office designated to retain control over expunged records.
IT IS FURTHER ORDERED that any of the above officers or agencies which sent
fingerprints and/or any records of the above arrest/conviction and proceedings to the Federal
Bureau of Investigation or any other office or agency shall notify same of this Order and that
the agencies designated to retain such records take sufficient precautions to insure that such
records and information are not released.
IT IS FURTHER ORDERED that any records, or the information therein, shall not be
released except as provided under the provision of N.J.S.A. 2C:52-1 et seq. and that the
persons designated to retain control over expunged records take sufficient precautions to insure
that such records and information are not released.
IT IS FURTHER ORDERED that in response to requests for information or records,
the court office or law enforcement agency shall reply with respect to the arrest/conviction,
which is the subject of this Order, that there is no record.
IT IS FURTHER ORDERED that the arrest/conviction, which is the subject of this
Order, shall be deemed, in contemplation of law, not to have occurred, and the Petitioner may
answer accordingly any question relating to this occurrence except as provided in N.J.S.A.
2C:52-27.
IT IS FURTHER ORDERED that this Order does not expunge the records contained in
the Controlled Dangerous Substances Registry created pursuant to P.L. 1970, c. 227 (C.26:2G17 et seq.) or the registry created by the Administrative Office of the Courts pursuant to
N.J.S.A. 2C:43-21.
Judge, Superior Court of New Jersey
43
COVER LETTER TO COURT WHEN FILING PAPERS
(Form E)
(Date)
(Your name)
(Your address)
(City
State
ZIP Code)
Clerk, Superior Court of New Jersey
(County)
(Address)
(City
State
ZIP Code)
RE: IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF
(Your name)
Dear Sir/Madam:
Enclosed are an original and two copies of a PETITION, ORDER FOR HEARING,
and PROPOSED FINAL ORDER in this matter. Kindly submit them to the appropriate Judge
and return copies marked “Filed.”
Thank you.
Very truly yours,
(Your signature)
Enclosures
44
COVER LETTER
(Form F)
(Date)
(Your name)
(Your address)
(City
State
ZIP Code)
Prosecutor,
(County)
Attorney General of New Jersey
Hughes Justice Complex
Post Office Box 080
Trenton, New Jersey 08625
(Address)
Warden/Jail
Superintendent, New Jersey State Police
Expungement Unit
- Trenton, New Jersey 08628
West
(Name of jail/prison)
(Address)
Magistrate,
County Probation Office
(Municipal court)
(County)
(Address)
(Address)
25 Market Street
Post Office Box 085
Chief,
(Police department)
(Address)
RE:
EXPUNGEMENT HEARING:
,
(Date)
(Time)
Docket No.
Dear Sir/Madam:
Enclosed are copies of the PETITION FOR EXPUNGEMENT, ORDER FOR
HEARING, and PROPOSED FINAL ORDER in this matter.
Very truly yours,
(Your signature)
Certified Mail #
45
PROOF OF NOTICE
(Form G)
LAW DIVISION
(Your name)
(Your address)
(City
State
COUNTY
ZIP Code)
DOCKET NO.
Appearing Pro Se
IN THE MATTER OF THE
EXPUNGEMENT OF THE CRIMINAL
RECORDS OF
(Fill in docket number)
CIVIL ACTION
PROOF OF NOTICE
(Your name)
On
, I mailed a copy of the Petition for
(Date)
Expungement, Order for Hearing and Proposed Final Order by way of certified mail, return
receipt requested to the following:
The Attorney General of New Jersey
The Superintendent of the New Jersey State Police, Expungement Unit
The Magistrate of the
Municipal Court
The Chief of the
Police Department
The Prosecutor of
County
The Warden of the
Jail/Prison
The
Probation Office
The Division of Criminal Justice, Attention: Records Identification
Enclosed are the certified mail receipts that were returned to me.
(Date)
(Your signature)
46
COVER LETTER
(Form H)
(Date)
(Your name)
(Your address)
(City
State
ZIP Code)
Attorney General, State of New Jersey
Hughes Justice Complex
Post Office Box 080
Trenton, NJ 08625
Chief of Police,
Superintendent, State Police
Expungement Unit
West Trenton, NJ 08628
Prosecutor,
Magistrate
Warden of jail or prison,
(Address)
(Address)
(Name of jail or prison)
(Address)
(Address)
County Identification Bureau
(Address)
25 Market Street
Post Office Box 085
(For pretrial intervention and conditional
discharge)
County Probation Office
(Address)
Re:
In the Matter of the Expungement of the Criminal Records of
(Your name)
Docket No:
(Fill in docket number)
Dear Sir or Madam:
Enclosed is a copy of an Expungement Order. Please take the appropriate action to
see that these records are expunged.
Sincerely,
(Your signature)
Certified Mail No.
47
County Prosecutors
Atlantic County
4997 Unami Blvd.
P.O. Box 2002
Mays Landing, NJ 08330
(609) 909-7800
FAX: (609) 909-7802
Bergen County
Justice Center
10 Main Street
Hackensack, NJ 07601-7681
(201) 646-2300
FAX: (201) 646-3794
Burlington County
County Courts Facility
49 Rancocas Road
P.O. Box 6000
Mount Holly, NJ 08060
(609) 265-5035
FAX: (609) 265-5007
Camden County
25 North Fifth Street
Camden, NJ 08102-1231
(856) 225-8400
FAX: (856) 963-0080
Cape May County
Crest Haven Complex
4 Moore Road
110 Justice Way
Cape May Court House
NJ 08210
(609) 465-1135
FAX: (609) 465-1347
Cumberland County
43 Fayette Street
Bridgeton, NJ 08302
(856) 453-0486
FAX: (856) 451-1507
Essex County
Essex County Courts Building
50 West Market Street
Newark, NJ 07102
(973) 621-4700
FAX: (973) 621-4560
Gloucester County
Justice Complex
Hunter & Euclid Streets
P.O. Box 623
Woodbury, NJ 08096
(856) 384-5500
FAX: (856) 384-8624
Hudson County
Admin. Building, 6th Floor
595 Newark Avenue
Jersey City, NJ 07306
(201) 795-6400
FAX: (201) 795-3365
Hunterdon County
Justice Center
65 Park Avenue, P.O. Box 756
Flemington, NJ 08822-0756
(908) 788-1129
FAX: (908) 806-4618
Mercer County
County Court House
3rd Floor, 209 South Broad St.
P.O. Box 8068
Trenton, NJ 08650
(609) 989-6350
FAX: (609) 989-0161
Middlesex County
Administration Building
25 Kirkpatrick Street
3rd Floor
New Brunswick, NJ 08901
(732) 745-3300
FAX: (732) 745-2791
Monmouth County
East Wing, Court House
3rd Floor, 71 Monument Park
Freehold, NJ 07728-1261
(732) 431-7160
(FAX): (732) 409-3673
Morris County
Admin. & Records Building
P.O. Box 900
Morristown, NJ 07963-0900
(973) 285-6200
FAX: (973) 285-6226
48
Ocean County
119 Hooper Avenue
P.O. Box 2191
Toms River, NJ 08754
(732) 929-2027
FAX: (732) 506-5088
Passaic County
Administration Building
401 Grand Street
Paterson, NJ 07505
(973) 881-4800
FAX: (973) 225-0155
Salem County
87 Market Street
P.O. Box 462
Salem, NJ 08079
(856) 935-7510 Ext. 8333
FAX: (856) 935-8737
Somerset County
40 North Bridge Street
P.O. Box 3000
Somerville, NJ 08876
(908) 231-7100
FAX: (908) 704-0056
Sussex County
19-21 High Street
Newton, NJ 07860
(973) 383-1570
FAX: (973) 383-4929
Union County
32 Rahway Avenue
Elizabeth, NJ 07202-2115
(908) 527-4500
FAX: (908) 289-1267\
Warren County
Court House
413 Second Street
Belvidere, NJ 07823
(908) 475-6275
County Identification Bureaus
Atlantic County
Sheriff of Atlantic County
4997 Unami Blvrd
Attention: I.D. Bureau
Gloucester County
Gloucester County Sheriff
Criminal Justice Complex
P.O. Box 376
Woodbury, NJ 08096
Ocean County
Ocean County Sheriff
120 Hooper Avenue
Bergen County
Bureau of Criminal
Identification
Bergen County Sheriff
160 South River Street
Hackensack, NJ 07601
Hudson County
Hudson County Sheriff
Attention: B.C.I.
Administrative Building
595 Newark Avenue
Jersey City, NJ 07306
Passaic County
Passaic County Sheriff
Criminal Identification
Bureau
11 Sheriff’s Plaza
Paterson, NJ 07501
Burlington County
Burlington County Sheriff
49 Rancocas Road
Attention: Expungement
Hunterdon County
Hunterdon County Sheriff
P.O. Box 2900
Flemington, NJ 08822
Salem County
Salem County Sheriff
Identification Bureau
94 Market Street
Salem, NJ 08079
Camden County
Camden County Sheriff
P.O. Box 769
Camden, NJ 08101
Attention: I. D. Bureau
Mercer County
Mercer County Sheriff
P.O. Box 8068
Trenton, NJ 08650
Somerset County
Somerset County Sheriff
P.O. Box 3000
Cape May County
Cape May County Sheriff
4 Moore Road
NJ 08210
Cumberland County
Cumberland County Sheriff
220 N. Laurel Street
Bridgeton, NJ 08302
Essex County
Essex County Sheriff–B.C.I.
New Courts Building
2nd Floor, 50 Nelson Place
Newark, NJ 07102
Middlesex County
Middlesex County Sheriff
701 Livingston Avenue
New Brunswick, NJ 08901
Attention: Records
Monmouth County
Monmouth County
Criminal Identification
Bureau
50 E. Main Street
Freehold, NJ 07728
Morris County
Morris County Sheriff
P.O. Box 900
Morristown, NJ 07963-900
Attention: C.I.D.
49
Sussex County
Sussex County Sheriff
39 High Street
Newton, NJ 07860
Attention: Records
Union County
Union County Sheriff
10 Elizabethtown Plaza
Elizabeth, NJ 07207
Warren County
Warren County Sheriff
413 Second Street
Courthouse
Belvidere, NJ 07823
Attention: Warrant Officer
Criminal Case Management Offices
Atlantic County
Gloucester County
Superior Court of Atlantic County
Expungement Clerk
4997 Unami Boulevard
(609) 625-7000
Filing fee: $52.50
Payee: State of N.J. Treasurer
Criminal Case Manager
Hunter and Euclid Streets
Woodbury, NJ 08096
(609) 453-4300
Filing fee: $52.50
Bergen County
Criminal Case
Management Office
Bergen County Justice Center
Room 119
10 Main Street
Hackensack, NJ 07601
(201) 646-2322
Filing fee: $52.50
Burlington County
Central Processing Office
1st Floor
Burlington County Court Facility
49 Rancocas Road
(609) 518-2573
Filing fee: $52.50
Camden County
Expungement Section
Hall of Justice
101 South Fifth Street
Camden, NJ 08103
(609) 225-8037
Filing fee: $52.50
Cape May County
Criminal Case Management
9 N. Main Street
NJ 08210
(609) 463-6550
Filing fee: $52.50
Hudson County
Criminal Records
Administration Bldg., Room 104
595 Newark Ave
Jersey City 07306
(201) 217-5217
Filing fee: $52.50
Hunterdon County
Criminal Division
Hunterdon Justice Center
65 Park Avenue
Flemington, NJ 08822
(908) 788-1225
Filing fee: $52.50
Mercer County
Criminal Records
Expungement Unit
Mercer County Superior Court
209 South Broad St., Room 200
Trenton, NJ 08650
(609) 989-6613
Filing fee: $52.50
Middlesex County
Criminal Records
Middlesex County Court House
P.O. Box 964
New Brunswick, NJ 08903-0964
(732) 981-3130
Filing fee: $52.50
Monmouth County
Criminal Case Manager
P.O. Box 757
Bridgeton, NJ 08302
(609) 453-4300
Filing fee: $52.50
Monmouth County Superior Court
Criminal Division
71 Monument Park
P.O. Box 1271
Freehold, NJ 07728
(732) 677-4500
Filing fee: $52.50
Essex County
Morris County
Cumberland County
Criminal Records Office
50 West Market Street
Room 1005
Newark, NJ 07102
(973) 693-6863
Filing fee: $52.50
Superior Court of New Jersey
Criminal Records Department
P.O. Box 910
Morristown, NJ 07963
(973) 285-6182
Filing fee: $52.50
50
Ocean County
Ocean County Superior Court
Criminal Case Processing
120 Hooper Avenue
(732) 929-2009
Filing fee: $52.50
Passaic County
Superior Court
Criminal Division, 2nd Floor
77 Hamilton Street
Paterson, NJ 07505
(973) 247-8402
Filing fee: $52.50
Payee: State N.J. Treasurer
Salem County
92 Market Street, P.O. Box 78
Salem, NJ 08079
(609) 935-7510, Ext. 8279
Filing fee: $52.50
Somerset County
20 North Bridge Street
P.O. Box 3000
(908) 231-7600 Ext. 7564
Filing Fee: $52.50
Sussex County
Sussex County Judicial Center
Criminal Division
43-47 High Street
Newton, NJ 07860
(973) 579-0933
Filing Fee: $52.50
Union County
Criminal Division
Union County Court House
2 Broad Street
Elizabeth, NJ 07207
(908) 659-3377
Filing Fee: $52.50
Warren County
P.O. Box 900
Belvidere, NJ 07823
(908) 475-66970
Filing Fee: $52.50
51

HOW TO EXPUNGE YOUR

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